Bill would make "revenge porn" a crime

Jilted lovers who hold grudges and post nude or partially nude photographs of their exes could get thrown into prison for a year under a law being considered by the General Assembly.

Connecticut could join California and New Jersey in tailoring laws to discourage the practice of "revenge porn," a dark side of the instant communication available through the Internet. It usually takes the form of nude photos of women, taken during happier days of a relationship, posted by former husbands and boyfriends in acts of post-breakup retribution.

Although no victims testified on the pending legislation during a hearing of the Judiciary Committee on Monday, state prosecutors and victim advocates cited several pending cases in Connecticut for which existing state law against harassment is flawed in its application against those allegedly caught for posting nude photos of their ex-lovers.

But an attorney for the American Civil Liberties Union of Connecticut said the proposal violates First Amendment rights to free speech and could set up media outlets for lawsuits because third parties, including websites, could be held liable.

"Laws concerning this issue must be narrowly drawn," warned Sandra Straub, the ACLU's legal director, who suggested that if lawmakers want to protect victims, they should consider rewriting the current proposal to mimic California law.

"You would have to amend almost all of it to make it right," Straub said to Rep. William Tong, D-Stamford, who asked for guidance for a possible redrafting of the legislation before the committee's April 2 deadline.

She said the California law, which was not opposed by that state's affiliate of the ACLU, said it hinges on the agreement, written or non-written, between lovers to keep intimate images private, and an attempt to cause harm to the person whose image gets posted in revenge.

Under the Connecticut proposal, intimate images would be prohibited from posting if a person were attempting to "harass, annoy, alarm or terrorize another person."

State Victim Advocate Garvin G. Ambrose said the issue is just emerging, but several criminal cases are active in Connecticut.

"States are only beginning to acknowledge and criminalize revenge porn," he wrote the committee.

"If this proposal is adopted, victims, law enforcement and prosecutors alike will not have to rake through Connecticut's criminal code attempting to find and stretch a provision that may fit the crime," Ambrose said. "Victims need a means for prosecution and financial recovery. Moreover this proposal empowers law enforcement to take swift action upon a report of distribution of revenge porn, as there will be identifiable legal grounds for their intervention."

"When individuals are in a relationship, there is an unwritten understanding that private moments and intimate exchanges will be kept within the confines of that relationship," she said. "While relationships don't always last, the intimate moments that occurred within that relationship should remain private."